Kits 2019

It's a good gag but it was also a gag made in the official press release by the club so don't give him too much credit

Originally Posted by David BOHie

What's the angle?

Are Bohs gonna say it's not Marley or did they have approval? You'd think O'Neills would have done their homework at least and wouldn't print something like that without a legal opinion anyway

I would say the length of time required to get a decision either way out of the Marley Estate on a proposal like this would be staggeringly long. So on that basis, I'm assuming they've haven't secured any image rights.

Originally Posted by Philosophizer

I heard this eve on the radio that it's not actually a pic of Marley. It's changed just enough that they don't have to pay image rights or something to that affect...

Given that everyone who sees it automatically assumes form the image that its Bob Marley, then they clearly haven't changed it enough to be safe legally IMO.

It's what is known in legal terms as 'passing off'. They're clearly trying to cash in on the Marley brand, even if they're using a character who is not Marley.

I think it’s the best bit of marketing ever done by a LOI club. I’ve had Canadian friends ask me about it and most of them plan to buy it. I’ll buy it too but not sure what I actually think about it.

Originally Posted by SkStu

I think it’s the best bit of marketing ever done by a LOI club. I’ve had Canadian friends ask me about it and most of them plan to buy it. I’ll buy it too but not sure what I actually think about it.

Just tell them to buy it in their Canadian dollars and not those worthless Trump dollars.

Originally Posted by pineapple stu

I'm sure he'll settle for being on the 2020 jersey.

After all, what's another year?

I see that in their press release on their website. Be funny if they lifted it from here.

I feel dirty saying this but it is a great PR story and will probably sell a few jerseys as well.
Will look good in the first division in 2020 (Sorry couldn't help myself)

As already mentioned, Marley's name and image is guarded pretty seriously.

Did they actually get permission from his estate to use it? If so, well done, although that will see a chunk of the profits head to the estate too.

If not, they will be in legal trouble.

If it is all sorted legally, it's a fairly smart piece of business. Even if there is a bit of cringe about how tenuous the connection is, the money will more than negate that.

O'niells surely see most of the money made anyway?

I'm touched by everyones faith in O'Neills

You have to have jerseys to flog them.

Also there's as much chance of bob playing the opening of the new dalymount as there is that bohs sought permission from the estate.

There would be a kind of delicious irony about them being sued to death by the family of hipster jesus though.

Originally Posted by osarusan

As already mentioned, Marley's name and image is guarded pretty seriously.

Did they actually get permission from his estate to use it? If so, well done, although that will see a chunk of the profits head to the estate too.

If not, they will be in legal trouble.

If it is all sorted legally, it's a fairly smart piece of business. Even if there is a bit of cringe about how tenuous the connection is, the money will more than negate that.

I think it's an image in his likeness, and not actually an image of Bob himself. At least that's how I heard it described. It's also noticeable that neither Bohs nor O'neills have ever stated it's an image of Bob Marley. I think their official words were something like - "it's a nod to the musical history of dalymount".

I'm sure it's all been planned to avoid any possible legal issues.

I don't know if that's necessarily enough to be honest. While the press release* doesn't say it's an image of Marley, it does mention Marley as part of Dalyer's musical history. And with rastafarian colours, it's hardly a reference Ozzy Osborne or Bob Geldof.

I actually like it though. I wouldn't be caught dead wearing it of course - and not just cos it's a Bohs jersey - but it's something really different which has gained a bit of traction. Fair dues to them. I just hope it doesn't lead to a whole load of unoriginal copies.


* - I genuinely didn't read it before posting my earlier joke - which means I don't know if it was there before I posted or not... But I presume it was. After all, Bohs would hardly plagiarise something.

Okay, I will be super negative and wum a little.......Like all hipsters, I think hipster club Bohs are a little short on integrity. Great marketing ploy alright and will bring in some extra money and interest from music fans , but surly Dalymount Park is known for other things than music gigs... like it being the home of Irish football. The club is trying to brand itself like an Irish St. Pauli, but where as it is a district of Hamburg is that is known for a history of anti-commercialization and the football club reflects that, Phibsborough is much different and 'normal'.

Also, lets not forget last year, Pats had Pieta house on their Jersey. Bohs have a money making scheme (which has little to do with football, but maybe it will get more people in the door as Dublin is full of hipsters). Nevermind also they employed convicted rapist Akinade to play up front for them. Very progressive by them.

.......
In saying that, its great to have something extra in league and some thinking outside the box. Overall , its always a good occasion that the news coverage is positive for Bohs and everyone

Originally Posted by Philosophizer

I think it's an image in his likeness, and not actually an image of Bob himself. At least that's how I heard it described. It's also noticeable that neither Bohs nor O'neills have ever stated it's an image of Bob Marley. I think their official words were something like - "it's a nod to the musical history of dalymount".

I'm sure it's all been planned to avoid any possible legal issues.

I wouldn't be so sure. There are repeated references to the fact that Marley played Dalymount in the press release, and nothing has been said or done by the club yet to say that it ISN'T Markley. They're going along with all the media references to it. So again - are they not guilt of 'passing off' by creating something that is presumed to be Marley for commercial gain ? Why else would a lot of people from around thw world look to buy the shirt except for the whole Marley thing ?

If this becomes news around the world (which it sounds like it is) then it will come across the desk of the Marley Estate at some point. Bohs may well have taken legal advice on this, but you can bet whatever legal team the Marley Estate have access to would eat the Bohs' legal team for breakfast.

Also - the way these things sometimes work out legally is like fishing. You catch the fish on your hook, but let it run the line out a few times before you reel it in fully. The Marley Estate could wait until Bohs have sold a load of these before doing anything legally. By that stage Bohs would be fcuked as they'd already have taken in and probably spent most of the shirts income. In which position it would be a case of 'how much do we need to pay you to not break us?'.

It's still a great initiative btw, and the sort of creative thing all Irish clubs should be doing. I just hope Bohs haven't underestimated the legal risks involved.

Originally Posted by Philosophizer

I think it's an image in his likeness, and not actually an image of Bob himself. At least that's how I heard it described. It's also noticeable that neither Bohs nor O'neills have ever stated it's an image of Bob Marley. I think their official words were something like - "it's a nod to the musical history of dalymount".

I'm sure it's all been planned to avoid any possible legal issues.

Where do you draw the line between "an image in his likeness" and "an image of Bob himself"? Or, more important, where would a court draw the line, if it came to that? I think that question isn't trivial, and if neither Bohs nor O'Neills gave it adequate consideration, they may regret it in the long run. They're playing on the perception that it is Bob himself, so they would have a hard time arguing otherwise if they're dragged into court.

Originally Posted by EatYerGreens

I just hope Bohs haven't underestimated the legal risks involved.

Wouldn't it be O'Neills rather than Bohs who would bear the brunt of any potential legal breach though? They're the manufacturer after all. The football club usually only receives 10-15% of shirt sales money with the manufacturer keeping the vast majority. And O'Neills is a MUCH bigger company than Bohs so they'd have far more money to potentially lose in this scenario. Given that, i'm sure they have a legal team who's looked into this.

O'Neills wouldn't face any legal issues. They've simply made the jersey requested by Bohs.

Not sure if it'd be that simple. Surely O'Neill's have sourced and/or used the image for example? There has to be some manner of responsibility there too.

(If the image is of Mob Barley, that's ok of course...)

Originally Posted by Philosophizer

I think it's an image in his likeness, and not actually an image of Bob himself. At least that's how I heard it described. It's also noticeable that neither Bohs nor O'neills have ever stated it's an image of Bob Marley. I think their official words were something like - "it's a nod to the musical history of dalymount".

I'm sure it's all been planned to avoid any possible legal issues.

Bohs could say it's not Marley, but I am not sure how much of a defence it would be, or how realistically they can argue that they never imagined that anybody would think it was Marley's likeness on the shirt. The mention of Marley in the release, and the rastafarian colours, make it pretty hard to argue that it is all just a coincidence and completely unintended.

The idea of an LOI club in a High Court Case that isn't a winding up order probably counts as progress.